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Claims for protection against COVID-19 will need to be pre-approved by Health Canada. It has continued to state that: “Currently there is no vaccine or therapeutic product for COVID-19 that is authorized to treat or prevent the disease,” which includes vaccines, drugs, natural health products, medical devices, or cleaning products such as antiseptics, disinfectants or sanitizers.

The Competition Bureau has taken action against companies selling filters or air purifiers that claim to filter out coronavirus. Health Canada has also begun publishing a list of COVID-19-related advertising incidents where they have taken compliance and enforcement action. The list outlines products and corresponding companies or advertising media that were found to engage in non-compliant marketing. Health Canada has taken compliance and enforcement actions against these organizations, as required. The list includes advertising incidents that are currently under review or have been resolved.

Opportunities for compliant COVID-19 advertising

Notwithstanding the above, there does remain an appropriate and compliant way to market products and their ability to provide health benefits in direct relation to COVID-19 and the infectious agent, SARS-CoV-2.

For example, Health Canada has stated that disinfectant products meeting efficacy standards for emerging viral pathogens could make indirect COVID-19 efficacy claims for SARS-CoV-2. Such products include those where Health Canada has approved the following claims on the label:

Claims the product is a broad-spectrum virucide

A specific claim against non-enveloped viruses of the picornaviridae, caliciviridae, astroviridae, reoviridae, or papillomaviridae families or

Another method to allow direct COVID-19 claims arose under an interim order issued by the minister of health on March 18. The order's intention was to enable an expedited review of medical devices indicated to diagnose, treat, mitigate or prevent COVID-19. While an authorization under the order is limited to medical devices, there may be an opportunity for a product manufacturer to submit evidence and supporting documentation to allow the product to be represented for use specifically for COVID-19.

It is clear Health Canada and the Competition Bureau continue to remain vigilant in monitoring and taking action against false, misleading or deceptive marketing practices related to COVID-19. It is important to remain compliant, while developing marketing materials to minimize business disruption and maintain a brand’s reputation and customer confidence.

Contacts

Recent publications

Canada: Some relief from temporary layoff obligations and potential constructive dismissals for Ontario employers under ESA

It is estimated the pandemic has directly affected approximately 2.2 million employees in Ontario, with about 1.1 million losing their jobs, and another 1.1 million on temporary layoff or with sharply reduced hours of work.

Publication | June 5, 2020 - 5 PM ET

Employment and labor

UK: Essential Corporate News: Week ending June 5, 2020

On May 27, 2020, the Financial Conduct Authority (FCA) published Market Watch Issue 63 (MW 63) in which the FCA set out their expectations of market conduct in the context of increased capital raising events and alternative working arrangements due to the coronavirus.

Publication | June 05, 2020

Corporate, M&A and securities

Global: COVID-19: Joint ventures in a distressed environment

This briefing looks at some of the challenges for existing corporate joint ventures as well as the key issues to be considered when entering into new joint venture arrangements whilst the continuing effects of the COVID-19 pandemic are felt and in the depressed market conditions which are likely to persist for the short to medium term.